SECTION 51 MANUAL
This Manual has been compiled in terms of Section 51 of the Promotion of Access to Information Act, 2/2000
INFORMATION REQUIRED UNDER SECTION 51(1)(a) OF THE ACT
Name of Business |
Edomart cc |
| Members | Dr Johann Albertus Nel |
| Ms Elizabeth Sophia Nel | |
| Contact Person | Dr JA Nel |
| Physical Address | 42 flamboyant Crescent |
| Jeffreys Bay | |
| 6330 | |
| Postal Address | PO Box 238 |
| Jeffreys Bay | |
| 6330 | |
| Telephone | +27 42 2961001 |
| Fax | +27 42 296100 |
| Website | http://www.duneview.co.za |
| info@duneview.co.za |
DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(b)
A Guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right, contemplated by PAIA and is available in all of the official languages.
The Manual and Guide are available from:
| The Human Rights Commission | Edomart cc | |
| Postal Address | Private Bag x2700 | PO box 238 |
| Houghton, 2041 | Jeffreys Bay, 6330 | |
| Telephone | +27 11 4848300 | +27 42 2961001 |
| Fax | +27 11 4840582 | +27 42 2961001 |
| Website | http://www.sahrc.org.za | http://www.duneview.co.za |
| PAIA@sahrc.org.za | info@duneview.co.za |
RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION: SECTION 51(1)
Information available is as follows:
- Basic Conditions of Employment Act No. 75 of 1997
- Closed Corporation Act No. 69 of 19847
- Companies Act No. 61 of 1973
- Labour Relations Act No. 66 of 1995
- Promotion of Access to Information Act No. 2 of 2000
- Rental Act
SUBJECTS AND CATEGORIES OF RECORDS HELD: SECTION 51(1(c) AND 51(e)
Close Corporation Act Records
- Documents of incorporation
- Minutes of member meetings
- Registration certificate
Financial Records
- Annual financial statements
- Accounting Records
- Electronic banking records
- Rental agreements
Income Tax Records
- PAYE records
- Statutory compliances: UIF, Workmen’s Compensation
Personnel Records
- Employment contracts
- Disciplinary code and records
- Salary and wages records
- Leave records
- Training records
The Request for Information Procedure - Section 51(e)
The requester must use the prescribed Form C to make the request for access to a record. This must be made to the Compliance Officer of Edomart CC. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
The requester must provide sufficient detail on the request form to enable the Compliance Office of the private entity to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
If a request is made on behalf of an another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Compliance Officer [s 53(2)(f)].Fees
A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:
The Compliance Officer must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
The fee that the requester must pay to a private body is R35. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
After the head of the private body has made a decision on the request, the requester must be notified in the required form.
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].Section 51(1)(f)
Other information as may be prescribed
The Ministry of Justice and Constitutional Development has not made any regulations in this regard.Section 51(3)
Availability of the material
The manual is available at our offices free of charge; and copies are available with the SAHRC, and on our website as listed above.